Gagandeep Singh Tandon And Another v. Union Territory Chandigarh And Another

2023:PHHC:142851

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 08.11.2023 .....PETITIONERS

VERSUS

.....RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE SANJIV BERRY.

Present:

Mr. Amit Kaith, Advocate for Mr. A.V.S. Barsat, Advocate for the petitioners.

Mr. Yashwant Singh Rathore, Assisted by Ms. Sudha Singh, Advocate and Mr. Yuvraj Singh Rathore, Addl. P.P. UT. Chandigarh. By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 29.09.2023 (Annexure P-2) executed between the parties. Details of the FIR are as follows:

FIR No.

Dated Sections Police Station 14.04.2022 341, 342, 446, 506, 34 of IPC North Chandigarh 2.

With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise/affidavit deed JATIN 2023.11.09 17:38 I attest to the accuracy and integrity of this document

dated 29.09.2023 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The learned Chief Judicial Magistrate, Chandigarh vide report dated 16.10.2023 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure.

3.

Respondent No.2 is represented by his counsel and does not oppose the compromise.

4.

In view of the aforesaid report of the learned Chief Judicial Magistrate, Chandigarh and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons.

FIR No.48 dated 14.04.2022, under Sections 341, 342, 446, 506, 34 of IPC registered at Police Station North Chandigarh (SANJIV BERRY) JATIN 2023.11.09 17:38 I attest to the accuracy and integrity of this document